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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to offer evidence sensible in the situations that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not require employees to supply a certificate from a competent health practitioner (a medical note). A “qualified health professional” is a person who is qualified to practise as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

ESA optimum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where a person is believed to have actually dedicated an offence under the ESA. If convicted, an individual could be subject to a fine or a regard to jail time or both.

As of October 28, 2024, the optimum fine for people founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).

Definition of worker

The Employment Standards Act (ESA) defines a worker to include a person who:

– carries out work for a company for salaries

– supplies services to an employer for

– gets training from an employer, if the ability they’re being trained on is a skill utilized by the company’s employees

– is a homeworker

– was an employee

On March 21, 2024, the significance of “training” was expanded to consist of work performed throughout a trial duration. A worker now consists of a person who carries out work throughout a trial period for an employer, if the skills being evaluated throughout the trial duration are skills utilized by the employer’s workers or might be utilized by workers if there are no other workers. This means the hours worked throughout the trial period must be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA restricts employers from making deductions from wages when the company had a cash scarcity, lost residential or commercial property or had home taken and an individual besides the staff member had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was amended to verify that this includes deductions from salaries in “dine and dash”, “gas and dash” and employment other comparable circumstances.

Payment of incomes – direct deposit

The ESA needs companies to pay incomes by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account should be in the staff member’s name and no one other than the employee can have access to the account, unless the worker has authorized it.

Effective June 21, 2024, an additional requirement will remain in location if the company desires to pay salaries by direct deposit: the account needs to be chosen by the employee. This indicates the staff member should decide which account to use and the employer can not restrict a staff member’s section by, for instance, needing the staff member to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member has the right to choose the account where their wages are to be deposited. If an employer previously limited an employee’s account choice – for instance, by needing them to use an account at a specific banks – it is the employer’s responsibility to confirm the employee’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can also inform their company that they desire their salaries transferred to a different account and, when that occurs, the employer must make the modification.

Vacation pay arrangements

The ESA permits a company to pay getaway pay to an employee on every pay cheque as it accumulates or employment at any agreed-upon time, but only with the agreement of the worker. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee needs to make a contract with the employer in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This confirms that such contracts can not be verbal and need to be made in writing (consisting of digitally), constant with how the ministry enforces the ESA.

Tips or other gratuities – techniques of payment

Beginning June 21, 2024, employers will be required to pay tips or other gratuities by either:

– money

– cheque

– direct deposit

If payment is by cash or cheque, the staff member should be paid the suggestions or other gratuities at the workplace or at some other place consented to electronically or in writing by the staff member.

If payment is made by direct deposit, the account needs to be selected by the staff member and be in the employee’s name. Nobody aside from the staff member can have access to the account, unless the staff member has actually authorized it.

The requirement that the employee select the account implies the staff member should choose which account to utilize, and the company can not limit a worker’s choice by, for instance, needing the employee to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker has the right to select the account where their tips are to be transferred. If a company previously restricted a staff member’s account selection – for example, by needing them to utilize an account at a specific monetary organization – it is the company’s duty to validate the employee’s choice of their preferred account before they make the next payment after June 20, employment 2024. A staff member can likewise inform their employer that they want their pointers deposited to a various account and, when that takes place, the employer needs to make the modification.

Tips sharing policy

The ESA permits employers, as well as directors and investors of a company, to share in ideas, if specified criteria are met.

Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the company, sharing in a pointer pool, the company will be needed to publish a copy of that policy in a plainly noticeable place in the work environment where it is likely to come to the attention of staff members.

The requirement to publish a policy does not require an employer to develop a policy. It applies if a company has a written policy in location or if an employer has an established practice of sharing in a tip pool that is consistently applied (even if it’s not written down). If the company has an unwritten however recognized, consistently-applied practice in location, the company must put the policy in composing and post a copy of the policy.

The ESA does not define the details that must appear in the policy, as long as the published file is a true copy of the policy that remains in place and plainly states that the employer or employment a director or shareholder of the employer shares in the suggestion swimming pool.

Effective, June 21, 2024, companies will likewise be required to keep a copy of every suggestions sharing policy that is needed to be posted for three years after the policy stops being in result.

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter force that establish new requirements for companies connected to openly advertised task posts.

Temporary help agency and recruiter licensing

Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):

– Temporary help agencies are required to hold a licence to operate.Clients are restricted from intentionally engaging or utilizing the services of a short-term help firm unless the agency holds a licence. (Learn more about the relationship between temporary help agencies and customers.).

– Employers, potential employers and other recruiters are prohibited from knowingly engaging or using the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and a choice is pending, employment there is a transitional guideline that will apply.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The changes include:

– Adding a surety bond as a new appropriate form of security for all applicants,.

– excusing certain employers from the security requirement under specified conditions,.

– altering the application cost and security requirements for employment entities using both for a short-lived aid company and an employer licence.

The ministry’s licensing website has actually been updated to reflect these changes. Please go to that webpage for details.